Green Card Roadmap
for Extraordinary Ability

What Is the EB-1A?

Foreign nationals who can demonstrate "extraordinary ability" in the sciences, arts, education, business, or athletics may qualify for the EB-1A route to permanent residence. In this context, extraordinary ability means "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of their field of endeavor." It requires evidence of sustained national or international acclaim and recognition in the applicant's field.

EB-1A petitions require extensive documentation of the individual's achievements and can be labor-intensive not just for the immigration legal team but also for the beneficiary. Nonetheless, this green card route has a significant benefit: individuals can self-petition since the EB-1A does not require a job offer. Self-petitioners merely must show that they intend to continue work in their area of expertise.

The Two-Step Process

The EB-1A road to permanent residence consists of two distinct steps:

Core Requirements

• You must be able to demonstrate extraordinary ability in one of the following fields: sciences, arts, education, business, or athletics.
• Extraordinary ability is defined as a level of expertise indicating that you are one of the small percentage of individuals who have risen to the very top of their field.
• You must provide evidence that you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise.
• You must be seeking permanent residence with the intent to continue to work in your area of extraordinary ability, and this work must substantially benefit the United States prospectively.

How to Prove Extraordinary Ability

Evidence of extraordinary ability may consist of either a major, internationally recognized award (think Olympic Medal, Academy Award, or Nobel Prize) or extensive documentation demonstrating that you meet at least three of the following ten criteria:

The 10 EB-1A Criteria

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
• Membership in associations in the chosen field which require outstanding achievements of their members, as judged by recognized national or international experts.
• Published material about you in professional or major trade publications or other major media, directly relating to your work in the field.
• Participation as a judge of the work of others in the same or an allied field of expertise.
• Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
• Authorship of scholarly articles in the field, in professional or major trade publications, or in other major media.
• Display of your work in the field at artistic exhibitions or showcases.
• Performance in a leading or critical role for organizations or establishments that have a distinguished reputation.
• Past or current receipt of a high salary or remuneration compared to others in the field.
• Commercial successes in the performing arts.

If none of the above criteria readily apply to your occupation, you may also submit comparable evidence — discussed further in the Strategies & Options chapter of this guide.

The Final Merits Determination

When adjudicating the EB-1A petition, USCIS uses a two-step approach. First, the reviewing officer determines whether you meet any of the minimum criteria listed above. If you have won a major internationally recognized award and/or meet three or more of the criteria, the officer will then perform a subjective "final merits" analysis.

In this final merits analysis, the officer considers the submitted evidence in its totality to evaluate whether you have sustained national or international acclaim and whether your achievements have been recognized in your field of expertise, indicating that you are among the small percentage of individuals who have risen to the very top of their endeavor. For approval, both steps must be passed.

Documentation for the I-140 Petition

Below is a list of some of the supporting documents that must be submitted in support of the EB-1A petition. Upon case initiation, Serotte Law will provide you with a comprehensive and detailed document checklist tailored to your individual accomplishments and field of expertise.

Identity, Status, and Biographical Documentation

• Current Curriculum Vitae or resume.
• Educational documents (with certified English translation, if applicable).
• I-94 with travel history, previously issued visa(s), and previously issued I-797 Approval Notice(s), as applicable.

Evidence of Extraordinary Ability

This part will form the bulk of your I-140 petition since you must provide extensive documentation for every criterion you claim to meet, along with any additional evidence that might serve to bolster your case for extraordinary ability.

If Applying Through a U.S. Employer as Petitioner

• Documentation to establish the petitioning company's existence, legitimacy, and financial health, such as certificate of incorporation, most recent financial statements and tax returns, website excerpts, and press coverage (if available).
• Employment agreement or offer letter.

If Self-Petitioning

You must provide clear evidence of your intent to continue working in your area of expertise in the U.S. This may include letter(s) from prospective employer(s), evidence of prearranged commitments (e.g., contracts), or a detailed statement outlining your plans on how you intend to continue your work in the United States.

Documentation for the Green Card Application

After approval of the I-140 petition — or at the time of filing the I-140 if you are already in the U.S. and qualify to concurrently file for adjustment of status — the following documents must be submitted. Serotte Law will provide a comprehensive document checklist for every step of the process.

Step 1: I-140 Petition Costs

Legal Fees

Government Filing Fees

Step 2: Green Card Application Costs

The costs for Step 2 will vary depending on which route you choose (AOS or IVP). Please note that these costs do not include the legal or government filing fees for the green card applications filed by or on behalf of family members (spouse and/or children).

Legal Fees

Government Filing Fees

Derivative Beneficiaries

Your spouse and minor unmarried children under the age of 21 are eligible for permanent residence as derivative beneficiaries of the approved I-140 EB-1A petition. However, each qualifying family member must file their own green card application through adjustment of status or immigrant visa processing.

The fees associated with family filings are not included in the cost estimates above — they will be quoted as applicable.

Comparable Evidence

If a specific criterion does not readily apply to your occupation, you may be able to submit "comparable evidence." For example, a bestselling author could provide evidence of his or her sales figures as comparable evidence for the criterion of "commercial success in the performing arts." Similarly, an Olympic medal won by one of a coach's athletes could serve as comparable evidence for the coach's receipt of "lesser awards for excellence in the field of endeavor."

Previous O-1 Approval

It is quite common for an EB-1A beneficiary to have previously been approved for temporary O-1 nonimmigrant status as an individual of extraordinary ability. Although there is a significant overlap between the two classifications, past or current O-1 approval does not guarantee future EB-1A approval.

Since the EB-1A confers a permanent benefit (the green card) and not just a temporary work permit, the evidentiary standard is significantly higher. In addition, there is no separate, lesser evidentiary standard for the arts or the movie and TV industry as exists in the O-1 category.

Legal and Policy Sources

• 8 C.F.R. § 204.5(h)
• USCIS.gov: Permanent Workers; Employment-Based Immigration: First Preference EB-1; Policy Manual, Vol. 6, Part F, Ch. 2 – Extraordinary Ability; Adjustment of Status
• Travel.State.gov: Employment-Based Immigrant Visas

Immigration policies and regulations are complex and frequently subject to change (including government filing fees). The information contained in this roadmap is intended to provide you with a general overview and may not address your particular circumstances and needs. Serotte Law will assist you along the way and answer any questions you may have about the extraordinary ability green card process.